2nd man sentenced in McHenry killing

5 years for role before shooting

A Spring Grove man received a 5-year prison term Thursday for his role in the killing of a McHenry burrito restaurant owner, which did not involve participation in the shooting.

David Collett, 18, of Spring Grove was the second of four defendants sentenced in the March 6 slaying of Raul Briseno, who was killed during a robbery attempt at his restaurant.

Collett had pleaded guilty in September to attempted aggravated battery.

On Wednesday, Justin Houghtaling was sentenced to 20 years in prison after he pleaded guilty to murder.

Trials are pending for their co-defendants, Jennifer McMullan and Kenneth Smith, who are charged with first-degree murder.

Collett's attorney, Henry Sugden, argued for 2 years of probation instead of a prison term, saying his client "had no idea a gun was involved" when the four discussed committing a robbery shortly before the crime.

Sugden said Collett "distanced himself before any action was taken" by getting out of the car before the others went to the restaurant.

As an alternative to probation, Sugden suggested a 3-year term in a state prison boot camp.

But McHenry County Assistant State's Atty. James McAuliff said Collett deserved the maximum 7-year sentence.

"We know he got out of the car, but he did nothing to stop it," he said. "As a result of that, Raul Briseno is now dead and left a wife and two children. ... It's a sentence he deserves, and that's the sentence the law says he should have."

The 5-year term allows time off for good behavior, potentially reducing time served to 30 months.

Addressing the court midway through Thursday's sentencing hearing, Briseno's widow, Leticia, described her husband as "a good person, a good father and husband."

Stifling periodic sobs, she said, "Above all Raul was my friend and the great love of my life. My children and I wish justice."

Before Circuit Judge Ward Arnold sentenced Collett, the teen said, "No apologies--nothing I can say--can help the victims with what they're dealing with. If I had known something like this would have happened, I would have tried to stop it."

But Arnold was not impressed. Noting that two months elapsed between the shooting and the arrests of the four defendants, Arnold said, "If it had concerned him so much what happened on March 6, 2001, why didn't he report it?"

Arnold said he was "the first to agree that the defendant was not charged with causing the death of Raul Briseno." But, he said, "This was a horrendous act."

McMullan's trial has been set for April 1; no date has been set for Smith, who prosecutors say shot Briseno.